#THE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS 

1. Short title and extent. 
2. Interpretation. 
3. Power to apply to the Court in respect of trusts of a charitable or religious nature. 
4. Contents and verification of petition. 
5. Procedure on petition. 
6. Failure of trustee to comply with order under section 5 
7. Powers of trustee to apply for directions. 
8. Costs of petition under this Act. 
9. Savings. 
10. Power of Courts as to costs in certain suits against trustees of charitable and religious trusts. 
11. Provisions of the Code of Civil Procedure to apply. 
12. Barring of appeals. 

 
 
#THE CHARITABLE AND RELIGIOUS TRUSTS ACT, 1920

##ACT NO. 14 OF 1920 

[20th March, 1920.] 

An Act to provide more effectual control over the administration of Charitable and Religious Trusts. 

WHEREAS  it  is  expedient  to  provide  facilities  for  the  obtaining  of  information  regarding  trusts 
created for public purposes of a charitable or religious nature, and to enable the trustees of such trusts 
to obtain the directions of a Court on certain matters, and to make special provision for the payment of 
the expenditure incurred in certain suits against the trustees of such trusts; It is hereby enacted as 
follows:— 

1. **Short title and extent.**— (1) This Act may be called the Charitable and Religious Trusts Act, 1920. 

(2) It extends[^1] to the whole of India [^2]except the State of Jammu and Kashmir: 
Provided that the Government of any State may, by notification in the Official Gazette, direct 
that this  Act,  or  any  specified  part  thereof, shall not extend to that State or any specified area 
therein or to any specified trust or class of trusts. 

2. **Interpretation.**— In this Act, unless there is anything repugnant in the subject or context, “the 
Court”  means the  Court  of  the  District Judge or  any  other  Court  empowered  in  that behalf  by  the 
State Government and  includes  the  High  Court  in  the  exercise  of  its  ordinary  original  civil 
jurisdiction. 

3. **Power to apply to the Court in respect of trusts of a charitable or religious nature.**— Save 
as  hereinafter  provided  in  this  Act,  any  person  having  interest  in  any  express  or  constructive  trust 
created or existing for public purpose of a charitable or religious nature may apply by petition to the 
court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust 
is situate to obtain an order embodying all or any of the following directions, namely:— 

  (1) directing  the  trustee  to  furnish  the  petitioner  through  the  Court  with  particulars  as  to  the 
nature  and  objects  of  the  trust,  and  of  the  value,  condition,  management  and  application  of  the 
subject-matter of the trust, and of the income belonging thereto, or as to any of these matters, and 

  (2) directing that the accounts of the trust shall be examined and audited: 

Provided  that  no  person  shall  apply  for  any  such  direction  in  respect  of  accounts  relating  to  a 
period more than three years prior to the date of the petition. 

4. **Contents and verification of petition.**— (1) The petition shall show in what way the petitioner 
claims to be interested  in the trust, and shall specify, as far as may be, the particulars and the audit 
which he seeks to obtain. 

(2) The petition shall be in writing and shall be signed and verified in the manner prescribed by the 
Code of Civil Procedure, 1908 (5 of 1908), for signing and verifying plaints. 

[^1]. This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and rep. in Orissa by the Orissa Hindu Religious 
Endowments Act, 1939 (Orissa 4 of 1939). The provisions of this Act, in so far as they are inconsistent with the provisions of the 
Bengal Wakf Act, 1934 (Ben. 13 of 1934), do not apply to any Wakf property in Bengal: see s. 61 of that Act, 

This Act has been extended in its application to Dadra and Nagar Haveli (w.e.f. 1.7-1965) by Reg. 6 of 1963, s. 2 and the First 
Schedule, to Pondicherry (w.e.f. 1-10-1963): vide Reg. 7 of 1963. s. 3 and the First Schedule and to Goa, Daman and Diu by Reg. 
11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965). 

This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936),  s. 3 
and the Schedule; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and the Schedule, 

This Act shall not apply to any wakf to which the Wakf Act, 1954 (29 of 1954) applies. 
This Act has been amended in its application to Rajasthan by Rajasthan Act 42 of 1959. 
This Act has ceased to be in Force in its application to the State of Madras by Madras Act 22 of 1959. 

[^2].  Vide  Notification  No.  S.O.  3912  (E),  dated  30th  October,  2019,  this  Act  is  made  applicable  to  the  Union  territory  of 
Jammu and Kashmir and the Union territory of Ladakh. 



5. **Procedure on petition.**— (1) If the Court on receipt of a petition under section 3, after taking 
such  evidence and  making  such inquiry,  if any,  as it may  consider  necessary, is  of  opinion that the 
trust to  which the  petition relates is  a  trust  to  which this  Act  applies,  and  that the  petitioner  has  an 
interest  therein,  it  shall  fix  a  date  for  the  hearing  of  the  petition,  and  shall  cause  a  copy  thereof, 
together  with  notice  of  the  date  so  fixed,  to  be  served  on  the  trustee  and  upon  any  other  person  to 
whom in its opinion notice of the petition should be given. 

(2) On the date fixed for the hearing of the petition, or on any subsequent date to which the hearing 
may be adjourned, the Court shall proceed to hear the petitioner and the trustee, if he appears, and any 
other person who has appeared in consequence of the notice, or  who it considers ought to be heard, 
and shall make such further inquiries, if any, as it thinks fit. The trustee may and, if so required by the 
Court,  shall  at  the  time  of  the  first  hearing  or  within  such  time  as  the  Court  may  permit  present  a 
written statement of his case. If he does present a written statement, the statement shall be signed and 
verified in the manner prescribed by the Code of Civil Procedure 1908 (5 of 1908), for signing and 
verifying pleadings. 

(3) If any person appears at the hearing of the petition and either denies the existence of the trust or 
denies that it is a trust to which this Act applies, and undertakes to institute within three months a suit 
for a declaration to that effect and for any other appropriate relief, the Court shall order a stay of the 
proceedings and, if such suit is so instituted, shall continue the stay until the suit is finally decided. 

(4) If no such undertaking is given, or if after the expiry of the three months no such suit has been 
instituted, the Court shall itself decide the question. 

(5) On completion of the inquiry provided for in sub-section (2), the Court shall either dismiss the 
petition or pass thereon such other order as it thinks fit: 

Provided that, where a suit has been instituted in accordance with the provisions of 
sub-section (3), no order shall be passed by the Court which conflicts with the final decision therein. 

(6) Save  as  provided  in  this  section,  the  Court  shall  not  try  or  determine  any  question  of  title 
between the petitioner and any person claiming title adversely to the trust. 

6. **Failure of trustee to comply with order under section 5.**— If a trustee without reasonable 
excuse  fails  to  comply  with  an  order  made  under  sub-section  (5)  of  section  5,  such  trustee  shall, 
without  prejudice  to  any  other  penalty  or  liability  which  he  may  incur  under  any  law  for  the  time 
being in force, be deemed to have committed a breach of trust affording ground for a suit under the 
provisions of section 92 of the Code of Civil Procedure, 1908 (5 of 1908); and any such suit may, so 
far as it is based on such failure, be instituted without the previous consent of the Advocate General. 

7. **Powers of trustee to apply for directions.**— (1) Save as hereinafter provided in this Act, any 
trustee  of  an  express  or  constructive  trust  created  or  existing  for  public  purpose  of  a  charitable  or 
religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any 
substantial part of the subject-matter of the trust is situate, for the opinion, advice or direction of the 
Court on any question affecting the management or administration of the trust property, and the Court 
shall give its opinion, advice or direction, as the case may be, thereon: 

Provided  that  the  Court  shall  not  be  bound  to  give  such  opinion,  advice  or  direction  on  any 
question which it considers to be a question not proper for summary disposal. 

(2) The Court on a petition under sub-section (1), may either give its opinion, advice or direction 
thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together 
with  notice  of  the  date so fixed,  to  be  served  on such  of  the  person  interested in  the  trust,  or  to  be 
published for information in such manner, as it thinks fit. 

(3) On any date fixed under sub-section (2) or on any subsequent date to which the hearing may be 
adjourned,  the  Court,  before  giving  any  opinion,  advice  or  direction, shall afford a reasonable 
opportunity of being heard to all persons appearing in connection with the petition. 

(4) A trustee stating in good faith the facts of any matter relating to the trust in a petition under 
sub-section (1), and acting upon the opinion, advice or direction of the Court given thereon, shall be 
deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in 
the matter in respect of which the petition was made. 

8. **Costs of petition under this Act.**— The costs, charges and expenses of and incidental to any 
petition, and all proceedings in connection therewith, under the foregoing provisions of this Act, shall 
be in the discretion of the Court, which may direct the  whole or any part of any such costs, charges 
and  expenses to be  met from  the  property  or income  of the  trust in respect  of which the petition is 
made, or to be borne and paid in such manner and by such persons as it thinks fit: 

Provided that no such order shall be made against any person (other than the petitioner) who has 
not received notice of the petition and had a reasonable opportunity of being heard thereon. 

9. **Savings.**— No petition under the foregoing provisions of this Act in relation to any trust shall 
be entertained in any of the following circumstances, namely:— 

  (a) if a suit instituted in accordance  with  the  provisions  of  section  92  of  the  Code  of  Civil 
Procedure 1908 (5 of 1908), is pending in respect of the trust in question; 

  (b) if the trust property is vested in the Treasurer of Charitable Endowments, the Administrator-
General, the Official Trustee, or any Society registered under the Societies Registration Act, 1860 
(21 of 1860); or 

  (c) if a scheme for the administration of the trust property has been settled or approved by any 
Court  of  competent  jurisdiction,  or  by  any  other  authority  acting  under  the  provisions  of  any 
enactment. 

10. **Power  of  Courts  as  to  costs  in  certain  suits  against  trustees  of  charitable  and  religious 
trusts.**— (1) In any suit instituted under section 14 of the Religious Endowments Act, 1863 (20 of 
1863), or under section 92 of the Code of Civil Procedure, 1908 (5 of 1908), the Court trying such suit 
may, if, on application of the plaintiff and after hearing the defendant and making such inquiry as it 
thinks fit, it is satisfied that such an order is necessary in the public interest, direct the defendant either 
to furnish security for any expenditure incurred or likely to be incurred by the plaintiff in instituting 
and maintaining such suit, or to deposit from any money in his hands as trustee of the trust to which 
the suit relates such sum as such Court considers sufficient to meet such expenditure in whole or in 
part. 

(2) When any money has been deposited in accordance with an order made under subsection (1), 
the Court may make over to the plaintiff the whole or any part of such sum for the conduct of the suit. 
Before making over any sum to the plaintiff, the Court shall take security from the plaintiff for the 
refund of the same in the event of such refund being subsequently ordered by the Court. 

11. **Provisions of the Code of Civil Procedure to apply.**— (1) The provisions of the Code of 
Civil Procedure, 1908 (5 of 1908), relating to— 

  (a) the proof of facts by affidavit, 

  (b) the enforcing of the attendance of any person and his examination on oath, 

  (c) the enforcing of the production of documents, and 

  (d) the issuing of commissions, 

shall apply to all proceedings under this Act, and the provisions relating to the service of summonses 
shall apply to the service of notices thereunder. 

(2) The provisions  of the said  Code relating  to the execution  of  decrees shall,  so  far as they  are 
applicable, apply to the execution of orders under this Act. 

12. **Barring of appeals.**— No appeal shall lie from any order passed or against any opinion, 
advice or direction given under this Act.[^1]

[^1]. In the application of this Act to West Bengal, a new s. 13 providing that the provisions of this Act shall not, so far as 
   they are inconsistent with those of the Bengal Wakf Act, 1934 (Ben. 13 of 1934), apply to any Wakf property in West 
   Bengal, has been ins.: see Bengal Wakf Act, 1934, s. 81.